APHC010444342007 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 12478/2007 Between: 1. G.S.RAYUDU, KADAPA DISTRICT., KADAPA DEPOT, R/O KADAPA, KADAPA DISTRICT. ...PETITIONER AND 1. THE REGIONAL MANAGER APSRTC KADAPA DIST ANOTHER, KADAPA, KADAPA DISTRICT. 2. THE DEPOT MANAGR APSRTC, KADAPA, KADAPA DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents herein in imposing the punishment of deferment of annual increments for a period of 2 years with cumulative effect without holding any departmental enquiry vide proc.No.01/2(14)/2001-CDP, dt.4-8-2003, which was confirmed by the appellate and review authorities vide proceedings dated 30-1-2004 and 22-9- 2004 respectively as illegal, unjust, contrary to well established principles of law and as such liable to be set aside by further directing the respondents to re-fix the pay of the petitioner by adding the differed increment, and to pay the arrears forthwith and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. 2 H,RCJ W.P.No.12478 of 2007 IA NO: 1 OF 2007(WPMP 15550 OF 2007 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased fix an early date of hearing of the writ petition in the interest of justice and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. S M SUBHAN Counsel for the Respondent(S): 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) The Court made the following: 3 H,RCJ W.P.No.12478 of 2007 ORDER: Challenge laid in this Writ Petition is to the proceedings dated 22.09.2004 passed by the Regional Manager, Cuddapah, vide proceedings No.PA/20B(37)/2004-RM’C’ whereby the order of the Depot Manager, APSRTC, Cuddapah, in imposing punishment of withholding an annual increment, for a period of two years with cumulative effect was confirmed. 2. Heard Sri S.M.Subhan, learned counsel for the petitioner appearing through virtual mode and Sri Vinod Kumar Tarlada, learned Standing Counsel for APSRTC for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the writ petition contended that the petitioner was appointed as driver in the respondent corporation in the year 1987 and has been working since then. While so, the 2nd respondent has issued a charge sheet to the petitioner on the ground that the petitioner has caused an accident while driving the bus. To the said charge sheet, petitioner submitted explanation. Without considering the same, the 2nd respondent imposed penalty of deferment of annual increment for a period of 2 years with cumulative effect by proceedings dated 04.08.2003. Aggrieved by the same, petitioner approached Appellate Authority and Review Authority, who confirmed the orders of the 2nd respondent by their respective orders dated 30.01.2004 and 22.09.2004. He further submitted that in similar set of facts, this Court in W.P.No.11790 of 2005 had set aside the punishment order which was later confirmed by the Division Bench, as such, prayed to pass appropriate orders protecting the interest of the petitioner. 4 H,RCJ W.P.No.12478 of 2007 4. On the other hand, learned Standing Counsel for the respondents on counter contended that after conducting preliminary and detailed enquiry duly calling the petitioner to defend himself on the charges leveled against him, the orders of deferment have been passed. He further contended that the review authority and the appellate authority are right in holding that the petitioner while driving the bus had failed in his duty and committed accident due to rash and negligent driving and accordingly imposed punishment which is in proportion to the charges. The writ petition is devoid of merits and deserves dismissal, accordingly, prayed to dismiss the writ petition. 5. Perused the record and considered the submissions made by both the learned counsel. 6. The petitioner, while driving an RTC bus, caused an accident regarding which charge sheet was issued to him and the petitioner submitted explanation to the same. Later, the management, having not satisfied with the explanation submitted by the petitioner, held departmental enquiry and upon conclusion of said enquiry, issued impugned order dated 04.08.2003 imposing punishment of deferment of annual income for a period of 2 years with cumulative effect. Aggrieved by the same, the petitioner filed an appeal before the Appellate Authority and the same was rejected. The review petition before the Regional Manager, Cuddapah, was also rejected holding that the petitioner while driving the bus committed accident due to rash and negligent driving with lack of anticipation by hitting a lady pedestrian who was crossing the road, as the same could be the only conclusion to be arrived basing on the 5 H,RCJ W.P.No.12478 of 2007 material available on record confirming the punishment awarded by the Depot Manager of withholding one annual increment for two years with cumulative effect. Therefore, the same does not require interference of this Court. 7. However, the punishment imposed on the petitioner of withholding one annual increment with cumulative effect seems to be a little bit harsh and disproportionate to the charges leveled against the petitioner. Therefore, the same needs modification and the ends of justice would be met if the punishment imposed on the petitioner is modified to that of deferring the annual increment for two years without cumulative effect instead of with cumulative effect, however, by considering the contention of the learned Standing Counsel without any monetary benefits. 8. Accordingly, the Writ Petition is disposed of modifying the punishment imposed by the Depot Manager, APSRTC, Cuddapah, vide orders dated 04.08.2003 to that of deferring the annual increment for a period of two years without cumulative effect and without any monetary benefits. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 01st September, 2025 RKS